The landlord served the tenants with a notice of termination for a purchaser's own use.
The tenants exercised their statutory right not to vacate, prompting the landlord to apply to the Landlord and Tenant Board (LTB) for an eviction order.
The parties settled the matter at the LTB, agreeing to a termination date and compensation.
The landlord subsequently sued the tenants in Small Claims Court for damages caused by the delayed closing of the property sale, and the deputy judge awarded damages.
On appeal, the Divisional Court set aside the Small Claims Court decision, finding that the Residential Tenancies Act provides a complete code for evictions, the tenants had no obligation to notify the landlord of their intent to dispute the notice, and the LTB settlement resolved all issues arising from the tenancy.
